MINUTES



MINUTES

BOARD OF EXAMINERS

OF PRIVATE INVESTIGATORS

AND PRIVATE SECURITY AGENCIES

MEETING

TUESDAY

JULY 28, 2015

10:00 A.M.

TATNALL BUILDING

150 MARTIN L. KING, JR. BOULEVARD SOUTH

SUITE 112

DOVER, DE

I. Call to Order

Major Melissa A. Zebley called the meeting to order at 1001 hours, introduced herself, and subsequently turned the meeting over to Ms. Anderson. Ms. Anderson introduced DAG Jennifer Singh sitting in for DAG Mims. The meeting is recorded and the Professional Licensing Section will maintain the records.

The following members of the Board of Examiners were in attendance:

Major Melissa A. Zebley – Proxy

William G. Bush, IV, Esquire

Mrs. Sandra C. Taylor

Mr. Wayne A. Keller

Ms. Kelly R. Jansen

Mr. Michael D. Connelly @ 1004

Mr. Harvey A. Woods, III

The following members of the Board of Examiners were absent:

Director Robert J. Irwin

Mrs. Heather M. Shupe

The following staff members were in attendance:

Jennifer L. Singh, Esquire – Deputy Attorney General – Proxy

Lt. Eric L. Hamm – Professional Licensing

Sgt. Matthew M. Zolper – Professional Licensing

Ms. Peggy L. Anderson – Professional Licensing

Mrs. Megan C. Bingham – Professional Licensing

The following staff members were absent:

Capt. John J. Laird, Jr. – State Bureau of Identification

The following individuals were also in attendance:

Mr. Dan Gardner

Mr. Brian A. Crist

II. Review and Acceptance of Meeting Minutes

A. April 17, 2015

Mrs. Taylor, with a second by Mr. Keller, made a motion to approve the minutes of the April 17, 2015 meeting as presented. The motion was carried.

III. Appeal Hearings

A. Brenda J. Watson

1. Requested change of date due to medical procedure

Ms. Watson was not present at this point in the meeting. The Board will hold off until just before the conclusion of the meeting before taking any action.

IV. Licensures

Ms. Anderson stated that all licensures, renewals, approvals and changes in Item IV have met all the statutory requirements for Delaware Code Title 24 Chapter 13 and the Rules & Regulations and have provided same to the Professional Licensing Section. All renewals with no changes have been administratively approved for renewal licensure and are presented as FYI only.

A. Class A – Private Investigative Agency – Renewals - FYI

***1. D.O. Richardson & Associates***

2. Delaware Detective Group, LLC

3. IR-6 Investigations & Research, LLC

4. J. T. Becker & Company, Inc.

5. Meridian Investigative Group, Inc.

6. O’Rourke Investigative Associates, Inc.

7. Rhodunda Security Associates

8. The Robison Group

Ms. Anderson presented A.1-8 as informational purposes only for renewals with no changes. No vote necessary.

B. Class A – Private Investigative Agency – Renewals w/Changes

1. G4S Compliance & Investigations

a. Delaware Manager vacant until October Meeting

Ms. Anderson explained that the Delaware Manager has just resigned and they are in the process of replacing him but won’t have everything ready until the October 2015 meeting. It is requested to approve the renewal with the pending Delaware Manager position open.

Mr. Woods, with a second by Ms. Jansen, made a motion to approve B.1 as presented for renewal with the noted change. The motion was carried.

Mr. Connelly entered the meeting at this point.

C. Class A – Private Investigative Agency – New

1. Clawar Investigation Agency

a. License Holder – Deena Clawar

2. Investigative Service Team

a. License Holder – Ralph H. Jones

b. Delaware Manager – Robert F. Hinkleman, Jr.

Ms. Anderson stated that she had asked Ms. Clawar to attend the meeting to explain her experience. Ms. Clawar did not attend the meeting. Ms. Anderson felt that the Board should make this decision. After discussion and review of the handout, it was determined that Ms. Clawar meets the qualifications to be the license holder.

Mrs. Taylor, with a second by Mr. Connelly, made a motion to approve C.1-2 as presented for new licensure. The motion was carried.

D. Class A – Private Investigative Agency – Changes

1. ADP Screening and Selection Services, Inc.

a. Delaware Manager – Cara Muth

2. PT&C Forensic Consulting Services PA

a. License Holder – Michael J. Driscoll

b. Delaware Manager – Michael J. Driscoll

Mr. Connelly, with a second by Mr. Bush, made a motion to approve D.1-2 for the noted changes as presented. The motion was carried.

E. Class A – Private Investigative Agency – Resignations/Non-Renewals

1. ADP Screening and Selection Services, Inc.

a. Delaware Manager – Kimberly D. Clark

2. Alpha Investigations & Security Consulting

3. Auld & Associates Investigations, Inc.

a. Delaware Manager – Liam P. Sullivan

4. G4S Compliance & Investigations

a. Delaware Manager – Richard J. Marvel

5. PT&C Forensic Consulting Services PA

a. License Holder – Benjamin A. Wilkerson

b. Delaware Manager – Benjamin A. Wilkerson

Ms. Anderson presented E.1-5 as informational purposes only for resignations/non-renewals. No vote necessary.

F. Class A – Private Investigative Agency – Issues

1. DigiStream Mid-Atlantic, Inc.

Ms. Anderson informed the Board that this agency had an issue with their DE address at their renewal in April. Mail was sent to the DE office and returned. Mr. Supal has been in contact with our office and Sgt. Zolper has verified that they do have an actual location. Mr. Supal stated that the Post Office won’t deliver to them because they don’t have a sign on the door stating who they are. He doesn’t have this on any office in other state. Will rectify the situation with signage and will let Ms. Anderson know when it has been completed and mail will be sent o the address for testing. We are satisfied that the issue will be rectified with the sign being in place.

This is for informational purposes only.

G. Class A – Private Investigative Agency – Old Business

1. Donan Engineering Company, Inc.

a. Update from 07/09/15 Hearing

Ms. Anderson refreshed the Board on the issues from the Hearings on July 9, 2015 and that Mr. Baker has provided the bond, a physical address and a good working Delaware telephone number,

This is for an informational update only.

H. Class B – Private Security Agency – Renewals - FYI

1. ASISS LLC

2. Bayside Security Patrol Services, Inc.

3. Securitas Critical Infrastructure Services Inc.

4. The Whitestone Group Inc.

Ms. Anderson presented H.1-4 as informational purposes only for renewals with no changes. No vote necessary.

I. Class B – Private Security Agency – Renewals w/Changes

1. NMS Security Services, LLC

a. License Holder – William L. Tandeske

b. Delaware Manger – Antonio DeMarco

2. OMNISEC International

a. License Holder – William A. Turk

Mr. Bush, with a second by Mr. Connelly, made a motion to approve I.1-2 as presented for renewals with the noted changes. The motion was carried.

J. Class B – Private Security Agency – New

1. E. House Executive Security Professionals, Inc.

a. License Holder – Erwin C. House, Jr.

b. Delaware Manger – Erwin C. House, Jr.

2. SecurAmerica, LLC

a. License Holder – John K. Adams

b. Delaware Manager – Hunter Argenbright

Mr. Keller, with a second by Mrs. Taylor, made a motion to approve J.1-2 as presented for new licensure. The motion was carried.

K. Class B – Private Security Agency – Changes

1. ISS Facility Services, Inc.

a. License Holder – Paul J. Sapp

b. Delaware Manger – Paul J. Sapp

Mr. Connelly, with a second by Ms. Jansen, made a motion to approve K.1 for the noted changes. The motion was carried.

L. Class B – Private Security Agency – Resignations/Non-Renewals

1. ISS Facility Services, Inc.

a. License Holder – George F. Roberts

b. Delaware Manger – George F. Roberts

2. NMS Security Services, LLC

a. License Holder – Ronald L. Otte

b. Delaware Manager – Duane S. Udland

3. OMNISEC International

a. License Holder – Michael M. Wines

4. Safe Environment Business Solutions, Inc.

Ms. Anderson presented L.1-4 as informational purposes only for resignations/non-renewals. No vote necessary.

M. Class B – Private Security Agency – Issues

1. The Whitestone Group Inc.

Ms. Anderson informed the Board of the issues that there were with this agency during the renewal process. There was apparently a breakdown between the license holder and the Delaware manager, which has been rectified and all necessary documentation for renewal has been received. This is informational purposes only and to have on record of the issues. No vote necessary.

N. Class C – Private Investigative & Private Security Agency – Renewals - FYI

1. G4S Secure Solutions (USA) Inc.

Ms. Anderson presented N.1 as informational purposes only for renewal with no changes. No vote necessary.

O. Class C – Private Investigative & Private Security Agency – Renewals w/Changes

1. Gettier Security

a. Delaware Manager – Michael A. Fontello

Ms. Jansen, with a second by Mr. Woods, made a motion to approve O.1 as presented for renewal with the noted changes. The motion was carried.

P. Class C – Private Investigative & Private Security Agency – New

1. Echelon Protection & Surveillance, LLC

a. License Holder – Stuart J. Visnov

b. Delaware Manager – Stuart J. Visnov

Mr. Keller, with a second by Mr. Connelly, made a motion to approve P.1 as presented for new licensure. The motion was carried.

Q. Class C – Private Investigative & Private Security Agency – Resignations/Non-Renewals

1. Gettier Security

a. Delaware Manager – John Capuano

Ms. Anderson presented Q.1 as informational purposes only for resignations/non-renewals. No vote necessary.

R. Class D – Armored Car Agency – Changes

1. Brink’s Incorporated

a. Delaware Manager – Craig Colgrove

Mr. Bush, with a second by Mr. Woods, made a motion to approve R.1 with the noted changes. The motion was carried.

S. Class D – Armored Car Agency – Resignations/Non-Renewals

1. Brink’s Incorporated

a. Delaware Manager – Dennis L. Casteel

Ms. Anderson presented S.1 as informational purposes only for resignations/non-renewals. No vote necessary.

T. Certified Instructors

Ms. Anderson stated that this was left on the agenda to update everyone that new instructors are being approved all the time and the website is updated also. This is for informational purposes only. No vote necessary.

U. Rule 10.0 – Uniforms, Patches, Badges, Seals, Vehicular Markings

1. Clawar Investigation Agency

a. Business Card

2. E. House Executive Security Professionals, Inc.

a. Uniform

b. Patch

c. Badge

d. Flier

e. Business Card

f. Folder with information

3. E. P. Security Solutions & Consultants

a. T-shirt

b. Business Card

c. Vehicle Markings

4. Echelon Protection & Surveillance, LLC

a. Uniform

b. Patch

c. ID Card

d. Business Card

e. Letterhead

f. Envelope

g. Stickers

***5. Garda CL Atlantic, Inc.***

a. Uniform

b. Patch

c. Vehicle Markings

6. JP Investigative Group, Inc.

a. Letterhead

b. Postcards

c. Brochures

d. Folder

7. SecurAmerica, LLC

a. Uniform

b. Patches (2)

c. ID Card

8. Security Guards, Inc.

a. Patch (resubmitted from PA Seal Patch)

Ms. Anderson explained that the patch from Security Guards, Inc. was re-submitted from their original patch that had the seal of Pennsylvania on it.

Ms. Jansen, with a second by Mr. Connelly, made a motion to approve U.1.-8 as presented for approval. The motion was carried.

IV. Old Business

A. Professional Licensing

1. Board Members

a. Wayne Keller

With no objections from the Board members, Mr. Keller has agreed to submit his application for re-appointment to the Board.

2. Rules & Regulations

a. Final Vote

1. Rule 1.0 – Firearms Policy

2. Rule 6.0 – Criminal Offenses

3. Rule 9.0 – Delaware Manager/License Holder

4. Rule 11.0 – Personnel Rosters and Job Assignments

Ms. Jansen, with a second by Mr. Bush, made a motion to approve Rules 1.0, 6.0, 9.0 and 11.0 for final vote and publication to be effective 09/11/15. The motion was carried.

3. State of Emergency Situations

Ms. Anderson refreshed the Board that at the last meeting there were individuals that expressed their concerns over emergency situations such as Hurricane Sandy.

Ms. Anderson has been in contact with Mr. Jamie Turner from DEMA and he spoke about 20 Del. C. Ch. 31 Subchapter II §3116 (this was handed out) recommending that something be put in the Delaware Code regarding this matter.

Mr. Turner’s thoughts were that in a natural disaster or other situation, the agency providing the security for a site would go to the law enforcement in that jurisdiction and let them know that they were bringing in guards from out of state, and that agency would go up the chain of command in that type of situation to include DEMA, until it reached the Colonel.

There was discussion that this would be like issuing reciprocity to those agencies already licensed here to have individuals come in Delaware and work as long as they are licensed in another state.

Ms. Jansen pointed out that in §3121(a) it basically states that the Board could write a rule to cover this situation.

This is to be reviewed and discussed at a later date.

4. Sgt. Matthew M. Zolper

a. Inspections

Sgt. Zolper reported that he has been doing random inspections on the security guards. There have been some minor issues, but the agencies have worked well to become compliant. So far overall everything has gone very well.

B. Board Members

The Board members did not have any old business at this time.

C. Lieutenant Colonel

Major Zebley did not have any old business to report from Lt. Col. Hudson at this time.

VI. New Business

A. Professional Licensing

1. Brian A. Crist

Ms. Anderson informed the Board that Mr. Crist has sent in 3 letters for the Board’s review. These were handed out and he is also here today to answer any questions if the Board wishes to speak with him. The first letter in the handout is the January 15, 2015 letter that he refers back to in the subsequent letters. This was discussed at the January 30, 2015 meeting.

Ms. Jansen referred to his issue of weapons training for any type of reciprocity during the State of Emergency – this needs to be taken into consideration.

Major Zebley asked what was previously discussed. Ms. Anderson explained that it was regarding the use of ECD’s for Bail Enforcement Agents (BEA) vs. Security Guards where there was a misprint in the rule – this was rectified right away.

Major Zebley stated that it sounds like all of Mr. Crist’s concerns/questions have previously discussed.

Ms. Jansen inquired about the use of ECD’s for BEA’s and Ms. Anderson explained that the nature of their business is very different from the nature/duties of a security guard. Major Zebley explained further the details from the BEA Board since she is Chair of it. There was discussion also regarding the insurance. It was asked how many BEA’s have taken advantage of the use of ECD’s. Ms. Anderson stated that out of approximately 200, no one has provided documentation of the training for the use of ECD’s.

Major Zebley asked if there are any thoughts on making a change to allow security guards to carry ECD’s. Mr. Connelly, Mr. Keller, and Mr. Woods all stated that there should not be any change at this time.

***2. Issuing a Bad Check – Discussion***

Ms. Anderson handed out the determinations made by DAG Tupman on 08/01/11 and DAG Mims’ interpretation of the two – Issuing a Bad Check vs. Theft committed by means of a Bad Check. The Professional Licensing office is looking for direction on whose determination they are to follow on these charges.

Mr. Bush’s thoughts are that this should be discussed further with the Attorney General’s office.

***3. Delaware Address/Phone Number Issues***

Ms. Anderson explained the issues that she is having with agencies using Corporation Services business’s as their Delaware office and phone number. She spoke with Mr. John Williams from Agents and Corporations, Inc. who stated that they do not take phone messages nor do they provide an office for anyone. Regular mail is returned when sent to them, however mail from a state agency or subpoenas are accepted there.

Ms. Jansen explained that these businesses serve as Resident Agents that are required by the Secretary of State’s office.

Ms. Anderson explained that she and Sgt. Zolper had discussed the private investigators and the requirement of having an office in the state. Ms. Jansen stated that she liked the idea of all agencies having a presence in Delaware to alleviate the issue of not being able to contact someone who is responsible. Accountability is the main issue that she is concerned about.

Ms. Jansen asked if other states have the in state office requirement. Ms. Anderson will reach out to her counterparts through IASIR.

B. Board Members

Ms. Jansen brought the Board up to speed on her project to have a security guard/private investigator association. It has been filed as a non-profit with the IRS and the Secretary of State and the website should be live within the next week or two weeks.

This will be very helpful to prospective guards and to the agencies themselves.

Mr. Connelly asked about the piece of legislation regarding the 7 year rule updates. Mr. Bush gave the update that it was introduced in the House on June 30, 2015. Rep. Potter and Sen. Rose-Henry are the sponsors of this Bill. It should move quickly in the first week January 2016. It is HB 213.

Ms. Jansen spoke that Mr. Swanson would be a perfect example as to why this change needs to be made, and Mr. Connelly can give his view as a prior security guard agency owner.

Ms. Jansen asked Ms. Anderson to check with her counterparts from IASIR regarding the use of ECD’s by security guards in other states.

At this time the Board went back to:

III. Appeal Hearings

A. Brenda J. Watson

Ms. Watson was a no show for the hearing she requested.

Ms. Jansen, with a second by Mr. Connelly, made a motion to uphold the denial. The motion was carried.

C. Lieutenant Colonel

Major Zebley did not have any business from Lt. Col. Hudson at this time.

VII. Adjournment

A. Next Hearing

1. Wednesday, October 7, 2015 @ 10:00am

B. Next Meeting

1. Thursday, October 29, 2015 @ 10:00am

Mr. Woods, with a second by Mrs. Taylor, made a motion to adjourn the meeting at 1111 hours. The motion was carried.

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